Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(103): “Sharia Ruling on Investing the Waqf Funds“

Date Added : 28-10-2015

 

Resolution No.(103) by the Board of Iftaa`, Research and Islamic Studies:

 "Sharia Ruling on Investing the Waqf Funds"

Date: 5/4/1427 AH, corresponding to 3/5/2006.

 

Question:

 

Awqaf Funds Development Foundation has the amount of (1.700.000) JDs as Waqf revenues of past years, and  wishes to make it a monetary Waqf to be invested and its revenues to be spent for charity. What is the ruling of Sharia in this regard?

Answer:

After extensive researching and deliberation, the Board decided that since the above sum is the yield of past years,  it is difficult to know the terms which were set by its Waqifeen (endowers) in order to spend it  accordingly, as Sharia obligates in such case. The religious interest dictates non-freezing of such funds because the terms of their endowers aren`t known; therefore, it is permissible to regard them as a monetary Waqf (endowment) to be developed and invested by the above Foundation in all that is lawful. This in order for the yield to be spent in different charitable channels, provided that the terms set by the endowers are met as much as possible since the condition of the endower is tantamount to the provisions of the Law-Giver. Moreover, since the above Foundation functions as the trustee of the Waqf, then it is permissible for it to allocate a certain amount from these returns to cover the expenses and wages of its employees, but within reasonable limits along with maintaining the original capital.

This is based on the following Hadith :"Concerning the Waqf of 'Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn 'Umar was the manager of the trust of 'Umar and he used to give presents from it to those with whom he used to stay at Mecca." {Bukhari}. And Allah Knows Best.

 

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel

Dr. AbdulMajeed Al-Salaheen

Dr. Abdukareem Al-Khasawneh

Dr. Yousef Ghyzaan

Dr. Wasif Al-Bakhri

Sheikh Sae`id Hijjawi

Sheikh Nae`im Mujahid

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Summarized Fatawaa

What are the Sunnahs and etiquettes related to the slaughtering of an animal?

 

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
1-Avoid terrifying the animal before it is slaughtered.
 
2-Do not slaughter the animal in front of others of its kind.
 
3-Offer water to the animal before the sacrifice.
 
4-Sharpen the knife thoroughly prior to slaughtering to ensure the cut is made as quickly and cleanly as possible. This is in accordance with the statement of our Master, the Prophet (peace and blessings be upon him): "Indeed, Allah, the Almighty and Majestic, has prescribed excellence (Ihsan) in all things. So when you kill, kill well; and when you slaughter, slaughter well. Let each of you sharpen his blade, and let him put his sacrificial animal at ease." (Narrated by Muslim)
 
Do not begin skinning the carcass until you are absolutely certain that the animal has completely passed away.
 
Slaughter cattle, sheep, and goats while they are lying down on their left side, facing the Qiblah (direction of prayer). Leave the right leg untied so the animal can move it, helping it rest more easily during its final moments. For camels, however, the preferred method (Nahr) is to slaughter them while they are standing up, with their left knee tied. And Allah the Almighty Knows Best.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

If a father stops his daughter from getting married, is it permissible for her to conclude the marriage contract herself?

It is permissible for the father to stop his daughter from getting married if there was a lawful reason for that, and she isn`t allowed to conclude the marriage contract without her guardian. However, if her father denied her right in getting married for an unlawful reason, then she should go to court.